By making a gift on power2give.org (the “Website”), you acknowledge that you have read and agree to be bound by the following Terms of Use (the “Terms”) and our Privacy Policy. Nothing in these Terms may be construed to create or confer any rights on third party beneficiaries.

When giving a gift through power2give, you are making a gift to The Houston Arts Alliance (HAA), a registered 501(c)(3) non-profit agency. It is HAA’s intention to honor the expressed purpose of your gift by directing those dollars to the organization and project of your choice.

You can at any time request a written financial statement disclosing the purpose for which funds are raised, the total amount of all contributions raised, the total costs and expenses incurred in raising contributions, the total amount of contributions dedicated to the stated purpose or disbursed for the stated purpose, and whether the services of another person or organization have been contracted to conduct solicitation activities.

DONATION TO CHARITIES

All donations made through power2give are final and non-refundable. power2give allows a number of charities that are recognized by the Internal Revenue Service (“IRS”), as tax-exempt organizations under section 501(c)(3) of the Internal Revenue Code to post charitable projects to be funded through donations to HAA through power2give. Your donations for these projects are made to HAA. As required by the IRS, has HAA exclusive legal control over the donation. We understand that you would like your contribution to benefit your designated nonprofit(s) and HAA makes every reasonable effort to respect the wishes of its donors. However, to comply with federal tax laws, HAA must retain the authority, discretion and control to spend its funds as it sees fit.

Seven percent (7%) of each donation will be retained by HAA to cover credit card transaction costs, the maintenance of the site and other expenses incurred to operate the site successfully. The balance will typically be disbursed ten business days after the project “expires” from the site or it is fully funded (whichever comes first). A project has 90 days to be funded through power2give, and after those 90 days, the project “expires” and is no longer able to accept donations. If a project is not completely funded, HAA will generally still provide the funds donated to the project sponsoring organization to be used in the discretion of that organization. In such event, the project organization may follow up with donors who gave to that project to explain how that donation will be used.

When you make a donation, you grant us permission to access your donation records at any time. We will make available to the project-sponsoring organization online reports identifying, when available, the name, address, email, and transaction accounting details of the donation.

ABOUT CHILDREN

The Site is not intended for children under the age of 13. HAA will not knowingly collect personally identifiable information via the Site from visitors in this age group.

PROPRIETARY RIGHTS

Arts & Science Council of Mecklenburg County, Charlotte, NC (ASC) owns the Site and owns or has the right to use all of the content on the Site, including all text, images, graphics, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the “Content”), all of which are protected by copyright. Absent ASC’s express written permission as to particular Content on the Site, you may use the Content only for limited personal, noncommercial, informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for these purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, for any purpose without ASC’s prior written consent. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.

The name power2give, the power2give logo, and “power2give.org” are trademarks of power2give, and you may not use any of those marks without our prior written consent.

Except as expressly provided above, ASC is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of ASC or any third party. You obtain no rights in the products, services, processes, or technology described on this Site by accessing or using the Site. ASC and its affiliates, and all third party owners, retain all of those rights.

LINKS TO OTHER WEBSITES AND CONTENT

We may include links to third-party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third-party sites or services. You acknowledge that we are not responsible or liable for any content or other materials on these third-party sites. Any dealings that you have with advertisers found on the Website are between you and the advertiser and you acknowledge that we are not liable for any loss or claim you may have against an advertiser.

CHANGES TO POWER2GIVE OR THE WEBSITE

We may change, suspend or discontinue any aspect of power2give service or the Website at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.

DISCLAIMER OF WARRANTIES

We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Website. We also disclaim any and all responsibility and liability for the conduct of any member.

ASSUMPTION OF RISK

We provide the Power2give service, the Website, and all materials, information (including, without limitation, any information or materials obtained or accessed through the Power2give services), products and services included therein on an “as is” basis, with no warranties whatsoever. We expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Some states do not allow the exclusion or limitation of implied warranties, so the preceding disclaimers and exclusions may not apply to you.

Your use of power2give is entirely at your own risk.

HOLD HARMLESS AND INDEMNITY

You will hold harmless and indemnify us from and against any third-party claim arising from or in any way related to your use of the power2give service or the Website, including without limitation any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

LIMITATION OF LIABILITY

Except as expressly provided in these terms, in no event will ASC or HAA, their affiliates, its data providers or anyone else involved in creating, producing, delivering, or managing the content (collectively, the “site providers”), be liable to you or any third party for any claims whatsoever, in contract, tort, strict liability, or otherwise, including direct, indirect, special, incidental, punitive, or consequential damages, lost revenues, lost profits, lost opportunities, and lass of prospective economic advantage, arising out of or in connection with (a) your access or use of the site, (b) any communications sent to you via the site or otherwise from ASC, or any damages suffered as a result of omissions or inaccuracies in such information, (c) the transmission of confidential or sensitive information to or from the site providers, or (d) inconvenience, delay, or loss of use of the site or any service, even if some or all of the site providers are advised of the possibility of such damages. Without limiting the foregoing, the site providers assume no liability or responsibility for damage or injury to persons or property arising from any access or use of any product, information, idea or instruction in the content.

Additionally, under no circumstances will we be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

CHANGES TO THE TERMS OF SERVICE

We reserve the right to modify or terminate power2give or the Website for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms with concurrent notice on the Website. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. Your continued use of the Website following any changes to these Terms is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must cease use of the Website.

NOTICES

power2give may provide you with notices regarding power2give, the Website, or these Terms by regular mail, e-mail, or postings to the Website.

GENERAL PROVISIONS

These Terms constitute the entire agreement between you and power2give with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You will not assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Any waiver of any provision of these Terms by a party will be effective only if in writing and signed by a party.

These Terms are governed by and construed in accordance with the laws of the state of North Carolina, without giving effect to its conflict-of-laws provisions. In any dispute related to the ASC, power2give, the Website, or these Terms, you consent to personal jurisdiction in North Carolina, and the Courts of North Carolina shall be the sole and exclusive forum for the litigation of any such dispute.. You must commence any cause of action you may have with respect to your use of the power2give services or the Website within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

About This Project

Weather Research Center (WRC) and The John C. Freeman Weather Museum, the nation's first weather museum, is the owner of the personal papers of Issac Cline. Issac Cline was the Meterologist In Charge (MIC) of the Galvestion Weather Bureau during the Galveston Storm of 1900 that destroyed Galveston. These papers were obtained from the National Weather Service (NWS) upon the closure of a NWS office in the SE United States. WRC has housed these papers for many years and would like to organize and preserve them for future generations. These personal papers are currently stored on-site and require cataloging and digital preservation.

WRC and the Weather Museum believe that it is essential to maintain and preserve one of a kind historical documents for future generations of Houston, the Nation, and the World. Many of these personal papers are in the form of hand-written ledgers in Mr. Cline's own hand and detail the day to day operations of United States Weather Bureau offices in Texas and the SE United States. These papers and ledgers require cataloging and preservation efforts for possible research projects and to ensure their continued availability for display.

Cataloging and documenting the contents of the Cline Collection will require the services of a librarian and archivist to organize the papers and ledgers in chronological order, subject matter, and by geographical location for future research and display efforts. All of this information will be entered into a database that will provide access through a variety of search criteria for researcher access. Preliminary time estimates to complete the project are 60 - 90 days from project start.

Donor Benefits

WRC and The Weather Museum will provide donor acknolwedgement in all museum literature, museum newsletters, and signage at the display. In addition, donors will be included on the museum's virtual donor wall on-site and on-line at the museum website.

This document contains information about the donor privacy policy associated with power2give. We take your privacy on power2give seriously and want to inform you of our policies regarding the collecting and sharing of your information and the receipt of funds that occur during your online transactions on our site.

Relationship to the Arts & Science Council

power2give is a project of the Arts & Science Council (ASC), in Charlotte, North Carolina, a registered 501(c)3 non-profit, and power2give.org/Houston is hosted by The Houston Arts Alliance (HAA). When making gifts on power2give.org/Houston, you are legally making a gift to HAA and will receive follow-up communication (tax acknowledgement, gift confirmations) regarding your gift.

Sharing your information

Each time you make a gift on the site, your full contact information is provided to the organization sponsoring the project you have chosen to support so they can send you updates and thank you for your gift. They may also reach out to you to ask you for support to advance other parts of their mission.

Because you are making a gift to HAA, you may also receive mailings and communication from HAA on making a gift to different initiatives to advance our mission. You can always opt out of any communication from either HAA or the organization you are directly funding by contacting the power2give team or the organization you are receiving the information from.

Beyond the parties listed above, we will not share your information with other third parties except:

As required by law

As necessary to protect the organization’s interest

With service providers acting on behalf of our organization who agreed to protect the confidentiality of the data.

Our Commitment to Privacy

HAA respects and protects your privacy. HAA will never sell or rent your personal information to other individuals or companies.

Our Commitment to Security

We have instituted procedural and technical safeguards to protect your personal information. These safeguards include encryption, firewalls and Secure Socket Layers (SSL). We treat data as an asset that must be protected at all costs. We employ many different security techniques to protect against loss and unauthorized access.

Service Providers for Our Operations

We use third-party vendors to facilitate the following:

The processing of donations made via credit card through www.power2give.org. This third-party vendor complies with all security commerce guidelines and regulations to ensure the integrity and security of your information. We do not retain or store credit card information required to complete the transaction.

The fulfillment and mailing (including e-mailing) of our Annual Report, e-newsletters and invoicing.

The hosting, development and maintenance of power2give.org.

HAA will never authorize our vendors to sell or share your personal information.

Aggregated Information

power2give.org automatically records information about your visit in server logs, including your IP address, your browser and platform type, and the pages you visit. This information is not personally identifiable. We do not track or record information about individuals and their visits. Rather, this information is aggregated and used in analyzing traffic to our site, or to a specific page on our site. Occasionally, we may share statistical data from our visitors. For example, we may communicate that 25,000 people visited our web site during a certain time period.

Changes to Statement

We reserve the right to modify this privacy statement at any time and will post the changes on this web page.

Contact Us

If you have any questions about our policy and procedures regarding personal information, please contact us via e-mail at Houston@power2give.org or via phone at (713) 527-9330.